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WILLIAMS v. THALER

No. 10-20876.

684 F.3d 597 (2012)

Nanon McKewn WILLIAMS, Petitioner-Appellee, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

June 19, 2012.

Attorney(s) appearing for the Case

Walter Cromer Long (Court-Appointed), Austin, TX, Mark E. Olive (argued), (Court-Appointed), Tallahassee, FL, for Petitioner-Appellee.

James Patrick Sullivan (argued), Asst. Sol. Gen., Office of the Atty. Gen., Office of the Sol. Gen., Matthew Dennis Ottoway , Asst. Atty. Gen., Office of the Atty. Gen., Postconviction Lit. Div., Austin, TX, for Respondent-Appellant.

Before JONES, Chief Judge, and DAVIS, and DeMOSS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Upon reconsideration, this panel's previous opinion in this case, Williams v. Thaler, 459 Fed.Appx. 327 (5th Cir.2012), is hereby withdrawn in its entirety and replaced with the following.

Appellant Rick Thaler appeals the district court's grant of appellee Nanon McKewn Williams' writ of habeas corpus based on his claim that he received ineffective assistance of counsel during his trial for murder, a claim that was previously...

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